Judicial review: submissions and evidence

Climate Change Commission evidence and submissions released

28 February 2022

The judicial review hearing on of aspects of Ināia tonu nei, our first advice to the Government has begun in the High Court in Wellington today.   

Lawyers for Climate Action New Zealand have argued there are four grounds for judicial review, taking issue with: 

  • How our advice aligns modelling from the IPCC Special Report 2018  
  • Interpretation of the purpose provisions of the Climate Change Response Act  
  • Forestry Accounting approach  
  • Application of all of these together in developing emission budgets 

We recognise the intent of the proceedings is to ensure Aotearoa is taking action to address climate change, however claims we are not sufficiently ambitious are wrong and misrepresent our advice. 

Our advice on emissions budgets and the emissions reduction plan would see us meet the 2050 target set by Parliament and the applicant is not challenging this. 

The point of difference between the parties is how quickly emissions should be reduced between now and 2030, with the applicant arguing for making deeper and steeper cuts in emissions by 2030 regardless of the impact. 

We have released the submissions and evidence that we have filed with the High Court, which support our position that our advice demonstrates an ambitious approach to meeting New Zealand's emissions reduction targets while recognising the need for an equitable and sustainable transition that takes into account communities, businesses and people. 
A high-level summary of the Commission’s arguments in defence of the proceeding can be found in paragraphs [11] - [19] of our legal submissions. 

Submissions for the Climate Change Commission (PDF 4.4 MB)

Affidavit of Roderick Marshall Carr (PDF 7.9 MB)

Affidavit of Joanna Hendy (PDF 2.1 MB)

Affidavit of Stephen Walter (PDF 1.6 MB)

Affidavit of Renee (Eva) Murray (4.9 MB)

Affidavit of Matthew Smith (8.2 MB)

Affidavit of Paul Young (4.6 MB)

Affidavit of Dr Olia Glade (1.3 MB)

Affidavit of Dr Michael Toman (2.0 MB)


Related articles 

Judicial review: amended statement of defence 

Judicial review: statement of defence 

Statement: He Pou a Rangi Climate Change Commission acknowledges legal proceedings 

Further response to legal proceedings